1985 (4) TMI 109 - AT - Income Tax

Annual Value, Assessment Proceedings, House Property, Let Out, Reassessment Proceedings, Vacancy Allowance

Summary

Issues:
Assessment of notional income from self-occupied property under section 23(3) of the Income-tax Act, 1961.
Claim for vacancy allowance under section 24(1)(ix) for a property not let out during the accounting period.
Applicability of the decision in Liquidator of Mahamudabad Properties (P.) Ltd. v. CIT [1980] 124 ITR 31.
Interpretation of house property as separate units for claiming exemption and vacancy allowance.

Analysis:
The judgment by the Appellate Tribunal ITAT Cochin pertains to an appeal regarding the assessment year 1979-80. The appellant, a resident of Kerala, jointly owned a building in Indore with family members. The ground floor was vacant, while the first floor was occupied by the appellant's mother. The original assessment accepted the appellant's return of notional income for the self-occupied portion. However, in a reassessment under section 147 of the Act, income from both the self-occupied and ground floor was included based on the decision in Liquidator of Mahamudabad Properties (P.) Ltd. v. CIT. The Appellate Authority Commissioner (AAC) upheld the reassessment, determining the self-occupied and let-out portions separately. The appellant challenged this decision.

The first issue addressed was the appellant's claim for exemption under section 23(3) for the self-occupied portion. The department argued that the claim should have been made during the original assessment and could not be raised in the reassessment. Citing precedent, the department contended that the claim for exemption made during reassessment was not sustainable. The Tribunal agreed with this argument, dismissing the appellant's claim for exemption under section 23(3.

The second issue involved the appellant's claim for vacancy allowance under section 24(1)(ix) for the ground floor. The appellant argued that since only a portion of the property was let out in previous years and remained vacant throughout the accounting period, vacancy allowance should apply. The Tribunal referenced a previous decision and held that vacancy allowance could be claimed for a part of the property that remained vacant during the accounting period, even if the property was not let out entirely. However, the department argued that the ground floor should be treated as an independent unit, as per the decision in CIT v. Joy P. Jacob. The Tribunal agreed with the department, concluding that the ground floor and first floor should be treated as separate house properties, thereby dismissing the appellant's claim for vacancy allowance under section 24(1)(ix).

In conclusion, the Tribunal dismissed the appeal, upholding the reassessment and denying the appellant's claims for exemption and vacancy allowance based on the interpretation of the property as separate units as per legal precedents.